Juris Doctor Unit of Study Descriptions

Juris Doctor

To qualify for the award of the Juris Doctor, a student must successfully complete:
(i) 102 credit points of compulsory units of study; and
(ii) 42 credit points of elective units of study of which a maximum of 36 credit points are taken from Part 1, and
(iii) a minimum of 6cp taken from Part 2.

Full-Time

Compulsory units of study

Year 1

LAWS5000 Foundations of Law

Credit points: 6 Teacher/Coordinator: Dr Fady Aoun (daytime stream), Associate Professor Nicole Graham (evening stream) Session: Intensive February,Semester 1 Classes: Daytime stream: The unit is taught on an intensive basis over four weeks. The course will include both lectures and seminar-style classes. Active class participation based on pre-reading is an essential aspect of the unit, particularly in the seminars. The aim of this is to give students a a basic understanding of the institutions and underlying concepts of law and a good grounding in the basic legal skills needed for law studies before they undertake other Semester 1 units. Classes commence two weeks prior to the beginning of semester. Preparation for and attendance at the intensive is essential for completion of the course. No other law classes are taught for the duration of the intensive. Evening stream: Foundations of Law 1x3hr seminar for 13 weeks beginning week 1. Prohibitions: LAWS1000 or LAWS1006 Assessment: Foundations of Law daytime stream: Class participation (10%),class presentation (10%), interim exam (25%) and final 3hr closed-book exam (55%). Foundations of Law evening stream: In-class tests (40%), class presentation (10%), 2hr final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening, Normal (lecture/lab/tutorial) day
This unit of study is designed to provide students with a foundation for the study of law. It introduces the skills of legal reasoning and analysis, with a particular focus on developing skills of statutory interpretation. These practical skills necessary to complete a law degree. This unit of study also includes a practical overview of the sources of law in the Australian legal system. In doing so, it also provides opportunities for critical engagement in debate about the role of law in our lives.
LAWS5001 Torts

Credit points: 6 Teacher/Coordinator: Dr Penelope Crossley and Dr Belinda Reeve (full-time stream), Mr Ross Anderson (part-time stream) Session: Semester 1 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Corequisites: LAWS5000 Prohibitions: LAWS1010 or LAWS1012 or LAWS3001 Assessment: Daytime stream: Compulsory closed-book interim exam (30%)l, class participation and presentation (10%), 2hr closed book final exam (60%). Evening stream: 45 min closed-book interim test (20%) and 2hr closed-book final exam (80%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) The action on the case for intentional injury;
(f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence;
(g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(h) Compensation for personal injuries, including special and alternative compensation schemes;
(i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(j) Defences to negligence.
(k) Vicarious Liability and non-delegable duties
(l) Joint and several liability and contribution.
LAWS5002 Contracts

Credit points: 6 Teacher/Coordinator: Associate Professor Yane Svetiev Session: Semester 1,Summer Main Classes: Daytime stream: 2x2hr lecture and/or tutorials/week for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1002 or LAWS1015 or LAWS2000 or LAWS2008 Assessment: Mid-semester assignment (30%), assigned, class presentation (10%) and 2hr final closed-book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS5003 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Dr Tanya Mitchell Session: Semester 1,Summer Main Classes: Daytime stream: 1 x 2hr lecture and 1 x 2hr tutorial /weekk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1001 or LAWS1007 or LAWS1014 or LAWS2006 or LAWS3002 or LAWS3004 Assessment: 2 x class participation (20%) and 1200wd court report assignment (20%) and 2hr final open-book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to crime and society, police powers, bail and sentencing. The course focuses on practical examples with consideration of ethics, and contextual and theoretical perspectives.
LAWS5004 Criminal Law

Credit points: 6 Teacher/Coordinator: Professor Arlie Loughnan Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5003 or LAWS1014) Prohibitions: LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009 Assessment: Class participation (10%), 2000wd research essay (40%) and 2hr open-book exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve these goals, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) A knowledge of the legal rules in certain specified areas of criminal law and their application. (3) A preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
LAWS5005 Public International Law

Credit points: 6 Teacher/Coordinator: Professor Ben Saul Session: Semester 2,Summer Main Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1023 or LAWS1018 Assessment: 1hr interim exam (25%) and 2hr final open-book exam (75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The compulsory unit of study is an introduction to public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS5006 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Professor Barbara McDonald (daytime stream), Mr Ross Anderson (evening stream) Session: Semester 2 Classes: Daytime stream: 1x2hr lecture and 1x1hr lecture and 1x1hr tutorial/wk for 10 weeks.for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5001 or LAWS1012) and (LAWS5002 or LAWS1015) Prohibitions: LAWS1017 Assessment: Daytime stream: Mid semester closed book exam 1.5 hours (40%), tutorial participation (10%) and final closed-book exam (60%). Evening stream: 45 min interim test (20%) and 2hr closed-book final exam (80%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit aims to develop the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider related statutes such as the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies (such as those under the Australian Consumer Law);
(c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Trespass to Land including damage by aircraft
(e) Nuisance;
(f) Intentional Interference with goods;
(g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction;
(h) Proportionate liability where it applies to tort, contract and statutory liabilities.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.
LAWS5007 Public Law

Credit points: 6 Teacher/Coordinator: Associate Professor Andrew Edgar (Daytime stream), Associate Professor Elisa Arcioni (evening stream) Session: Semester 2,Summer Main Classes: Day stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1 x 3hr seminar/wk for 13 weeks Prerequisites: LAWS5000 or LAWS1006 Prohibitions: LAWS1004 or LAWS1021 or LAWS2002 or LAWS3003 Assessment: 1hr interim exam (30%) and 2hr final open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability, focusing on questions of governmental power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government; the separation of judicial power and institutional integrity of the courts. The course also introduces various mechanisms by which the executive can be made accountable, including by the Parliament, through freedom of information laws, and investigative tribunals.
LAWS5018 Legal Research

Teacher/Coordinator: Dr Alice Orchiston Session: Intensive March,Semester 1 Classes: 1 x 1 hour lecture; 1 x 2 hour seminar Assessment: Satisfactory attendance, Canvas quizzes and final exam Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This is a compulsory unit taught on a pass/fail basis. The purpose of this unit is to introduce the essential legal research skills students that need throughout their law degree. The unit covers a range of legal research techniques, equipping students to find and cite primary and secondary legal materials and to develop research strategy.

Year 2

Students may substitute one compulsory unit with one Juris Doctor elective unit in each semester of their penultimate year, deferring the compulsory unit(s) to their final year.
Students cannot enrol in more than two elective units in their penultimate year.
LAWS5008 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Professor Sheelagh McCracken Session: Semester 1 Classes: 2x2-hr lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2007 or LAWS2012 Assessment: 1hr mid-term open-book exam (30%) and 2hr final open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle.
The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.
Textbooks
Introduction to Property and Commercial Law compiled by Scott Grattan and Sheelagh McCracken, Thomson Reuters Australia, 2nd edition.
LAWS5009 The Legal Profession

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1001 or LAWS2013 or LAWS3002 or LAWS3004 Assessment: 1500wd interim assessment (40%) amd final 3000wd assignment (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The Legal Profession critically examines notions of legal professionalism and the regulation of legal services markets, legal practice and practitioners. Part 1 of The Legal Profession examines the nature of legal professionalism, the structure of the legal profession and the contours that shape legal services markets. Part 2 explores the regulation of the profession including historical challenges and diverse theoretical views and models of regulation are examined. The current regulatory regime in New South Wales is analysed in detail focusing on recent changes and the impact of a National Legal Profession. Part 3 explores specific forms of legal practice, highlights the major cultural and economic forces that challenge the parameters of legal professionalism and regulation of the profession. Alternative ways of organising legal practice and the legal services market are canvassed focusing in particular, on the impacts of modern technology and globalisation. Part 4 evaluates the lawyer-client relationship and suggests strategies to facilitate equality and effective communication in the delivery of legal services. Furthermore, it examines lawyers' duties to clients, the Court and third parties, and the ways in which the rules and principles of confidentiality and conflicts of interest shape the advice and representation lawyers provide to clients. This unit of study demands active participation by students and ongoing critical reflection of the issues raised throughout the semester.
LAWS5010 Administrative Law

Credit points: 6 Teacher/Coordinator: Professor Mary Crock Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS2002 or LAWS2010 Assessment: 2000wd essay (30%) and 2hr open book final exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.
LAWS5011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Anne Twomey Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS1004 or LAWS2011 or LAWS3000 or LAWS3003 Assessment: Optional assignment (20%) and 2hr final open-book exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion about the Constitution as Australia's basic instrument of government.
The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights.
The course may include some overseas material to provide points of comparison and contrast.
LAWS5012 Real Property

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 2 Classes: 2x2hr lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks(daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5008 or LAWS1012 Prohibitions: LAWS2007 or LAWS2017 Assessment: Compulsory 1hr interim exam (30%) and final 2hr open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)
LAWS5013 Evidence

Credit points: 6 Teacher/Coordinator: Associate Professor Salim Farrar Session: Semester 2,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5003 or LAWS1014) Prohibitions: LAWS2006 or LAWS2016 or LAWS3223 Assessment: compulsory 4 x blogs (of which 2 will be formally assessed) (20%), optional mid-term exam (20%), and 2hr final exam (60% or 80%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS5014 Corporations Law

Credit points: 6 Teacher/Coordinator: Professor Graeme Cooper, Professor Michael Dirkis Session: Semester 2,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk fo 13 weeks (evening stream) Prohibitions: LAWS2003 or LAWS2014 Assessment: Compulsory interim exam (30%) and final 3hr open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study examines the law affecting modern business corporations operating in Australia. It examines corporate law, the regulation of markets in corporate securities and the current Australian regulatory environment. Topics examined include corporate formation and the consequences of the company as an entity with its own personality, regulating the internal functioning of companies including the operation of the company's constitution and the role and duties of corporate directors to the company and its members, the rights and remedies available to shareholders to protect their investment, the authority of corporate officers and the responsibility of companies to outsiders for their actions, financing the company's operations through debt and equity, the external administration of companies in financial distress, winding up and deregistering companies, and regulating on-market and off-market transactions in corporate securities. We will evaluate current rules and doctrines, as well as proposals for their reform, in light of the economic and social policy considerations influencing their design and functioning.
LAWS5015 Equity

Credit points: 6 Teacher/Coordinator: Professor Joellen Riley Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2015 Assumed knowledge: LAWS5008 Assessment: Optional interim exam (20%) and 2 1/2 hr final closed book exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.

Year 3

LAWS5017 Private International Law A

Credit points: 6 Teacher/Coordinator: Ms Jeanne Huang Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1018 or LAWS2005 or LAWS2018 Assessment: 2000wd optional assignment (20%) and 2hr final closed-book exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.

Part-time

Compulsory

Year 1

LAWS5000 Foundations of Law

Credit points: 6 Teacher/Coordinator: Dr Fady Aoun (daytime stream), Associate Professor Nicole Graham (evening stream) Session: Intensive February,Semester 1 Classes: Daytime stream: The unit is taught on an intensive basis over four weeks. The course will include both lectures and seminar-style classes. Active class participation based on pre-reading is an essential aspect of the unit, particularly in the seminars. The aim of this is to give students a a basic understanding of the institutions and underlying concepts of law and a good grounding in the basic legal skills needed for law studies before they undertake other Semester 1 units. Classes commence two weeks prior to the beginning of semester. Preparation for and attendance at the intensive is essential for completion of the course. No other law classes are taught for the duration of the intensive. Evening stream: Foundations of Law 1x3hr seminar for 13 weeks beginning week 1. Prohibitions: LAWS1000 or LAWS1006 Assessment: Foundations of Law daytime stream: Class participation (10%),class presentation (10%), interim exam (25%) and final 3hr closed-book exam (55%). Foundations of Law evening stream: In-class tests (40%), class presentation (10%), 2hr final exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening, Normal (lecture/lab/tutorial) day
This unit of study is designed to provide students with a foundation for the study of law. It introduces the skills of legal reasoning and analysis, with a particular focus on developing skills of statutory interpretation. These practical skills necessary to complete a law degree. This unit of study also includes a practical overview of the sources of law in the Australian legal system. In doing so, it also provides opportunities for critical engagement in debate about the role of law in our lives.
LAWS5001 Torts

Credit points: 6 Teacher/Coordinator: Dr Penelope Crossley and Dr Belinda Reeve (full-time stream), Mr Ross Anderson (part-time stream) Session: Semester 1 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Corequisites: LAWS5000 Prohibitions: LAWS1010 or LAWS1012 or LAWS3001 Assessment: Daytime stream: Compulsory closed-book interim exam (30%)l, class participation and presentation (10%), 2hr closed book final exam (60%). Evening stream: 45 min closed-book interim test (20%) and 2hr closed-book final exam (80%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This is a general introductory unit of study concerned with liability for civil wrongs, with particular emphasis on torts protecting personal integrity, safety and freedom from personal injury. The unit seeks to examine and evaluate, through a critical and analytical study of primary and secondary materials, the function and scope of modern tort law and the rationale and utility of its governing principles. Particular topics on which the unit will focus include:
(a) The relationship between torts and other branches of the common law including contract and criminal law;
(b) The role of fault as the principal basis of liability in the modern law;
(c) Historical development of trespass and the action on the case and the contemporary relevance of this development;
(d) Trespass to the person (battery, assault, and false imprisonment);
(e) The action on the case for intentional injury;
(f) Defences to trespass, including consent, intellectual disability, childhood, necessity and contributory negligence;
(g) Development and scope of the modern tort of negligence, including detailed consideration of duty of care and breach of duty and causation and remoteness of damage with particular reference to personal and psychiatric injury;
(h) Compensation for personal injuries, including special and alternative compensation schemes;
(i) Injuries to relational interests, including compensation to relatives of victims of fatal accidents;
(j) Defences to negligence.
(k) Vicarious Liability and non-delegable duties
(l) Joint and several liability and contribution.
LAWS5005 Public International Law

Credit points: 6 Teacher/Coordinator: Professor Ben Saul Session: Semester 2,Summer Main Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: LAWS5000 Prohibitions: LAWS1023 or LAWS1018 Assessment: 1hr interim exam (25%) and 2hr final open-book exam (75%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The compulsory unit of study is an introduction to public international law. The unit surveys the fundamental rules and principles public international law through an examination of the following topics (1) the nature, function and scope of public international law, (2) the sources of public international law, (3) the law of treaties including principles of treaty interpretation, (4) the relationship between public international law and municipal law, (5) the extent of civil and criminal state jurisdiction, (6) immunities from state jurisdiction including diplomatic privileges and immunities (7) state responsibility, including diplomatic protection, nationality of claims and exhaustion of local remedies, (8) regulation of the use of force in international relations, and (9) dispute settlement.
LAWS5007 Public Law

Credit points: 6 Teacher/Coordinator: Associate Professor Andrew Edgar (Daytime stream), Associate Professor Elisa Arcioni (evening stream) Session: Semester 2,Summer Main Classes: Day stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1 x 3hr seminar/wk for 13 weeks Prerequisites: LAWS5000 or LAWS1006 Prohibitions: LAWS1004 or LAWS1021 or LAWS2002 or LAWS3003 Assessment: 1hr interim exam (30%) and 2hr final open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit is designed to introduce students to the principles and structures that underpin constitutional and administrative law in Australia. It is broader than either of these subjects because its focus is on generic issues of governance and accountability, focusing on questions of governmental power: what power is exercised by whom, from what source, with what limits and how and by whom is the exercise of those powers to be scrutinised. The unit begins with an introduction to the Constitution, its history, and the structures established by it, together with consideration of how to change both State and Commonwealth Constitutions. The unit then moves to consider the three arms of government and related concepts such as representative and responsible government; the separation of judicial power and institutional integrity of the courts. The course also introduces various mechanisms by which the executive can be made accountable, including by the Parliament, through freedom of information laws, and investigative tribunals.
LAWS5018 Legal Research

Teacher/Coordinator: Dr Alice Orchiston Session: Intensive March,Semester 1 Classes: 1 x 1 hour lecture; 1 x 2 hour seminar Assessment: Satisfactory attendance, Canvas quizzes and final exam Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This is a compulsory unit taught on a pass/fail basis. The purpose of this unit is to introduce the essential legal research skills students that need throughout their law degree. The unit covers a range of legal research techniques, equipping students to find and cite primary and secondary legal materials and to develop research strategy.

Year 2

LAWS5002 Contracts

Credit points: 6 Teacher/Coordinator: Associate Professor Yane Svetiev Session: Semester 1,Summer Main Classes: Daytime stream: 2x2hr lecture and/or tutorials/week for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1002 or LAWS1015 or LAWS2000 or LAWS2008 Assessment: Mid-semester assignment (30%), assigned, class presentation (10%) and 2hr final closed-book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Contract law provides the legal background for transactions involving the supply of goods and services and is, arguably the most significant means by which the ownership of property is transferred from one person to another. It vitally affects all members of the community and a thorough knowledge of contract law is essential to all practising lawyers. In the context of the law curriculum as a whole, Contracts provides background which is assumed knowledge in many other units. The aims of the course are composite in nature. The course examines the rules that regulate the creation, terms, performance, breach and discharge of a contract. Remedies and factors that may vitiate a contract such as misrepresentation are dealt with in Torts and Contracts II. The central aim of the course is to provide an understanding of the basic principles of contract law and how those principles are applied in practice to solve problems. Students will develop the skills of rules based reasoning and case law analysis. A second aim is to provide students an opportunity to critically evaluate and make normative judgments about the operation of the law. Successful completion of this unit of study is a prerequisite to the elective unit Advanced Contracts.
LAWS5003 Civil and Criminal Procedure

Credit points: 6 Teacher/Coordinator: Dr Tanya Mitchell Session: Semester 1,Summer Main Classes: Daytime stream: 1 x 2hr lecture and 1 x 2hr tutorial /weekk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prohibitions: LAWS1001 or LAWS1007 or LAWS1014 or LAWS2006 or LAWS3002 or LAWS3004 Assessment: 2 x class participation (20%) and 1200wd court report assignment (20%) and 2hr final open-book exam (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to crime and society, police powers, bail and sentencing. The course focuses on practical examples with consideration of ethics, and contextual and theoretical perspectives.
LAWS5004 Criminal Law

Credit points: 6 Teacher/Coordinator: Professor Arlie Loughnan Session: Semester 2 Classes: Daytime stream: 2x2hr seminars/wk for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5003 or LAWS1014) Prohibitions: LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009 Assessment: Class participation (10%), 2000wd research essay (40%) and 2hr open-book exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study is designed to introduce the general principles of criminal law in NSW, and to critically analyse these in their contemporary social and political context. In order to achieve these goals, the unit will consider a range of theoretical literature as well as critical commentary, and will focus on particular substantive legal topics in problem-centred contexts. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well as of the applications of the criminal law. Students will encounter problem-based learning and will be encouraged to challenge a range of conventional wisdom concerning the operation of criminal justice. This unit of study is designed to assist students in developing: (1) A critical appreciation of certain key concepts which recur throughout the substantive criminal law. (2) A knowledge of the legal rules in certain specified areas of criminal law and their application. (3) A preliminary knowledge of how the criminal law operates in its broader societal context. (4) An understanding of how criminal liability is determined. The course has a critical focus and will draw on procedural, substantive, theoretical and empirical sources. The contradictions presented by the application of legal principle to complex social problems will be investigated.
LAWS5006 Torts and Contracts II

Credit points: 6 Teacher/Coordinator: Professor Barbara McDonald (daytime stream), Mr Ross Anderson (evening stream) Session: Semester 2 Classes: Daytime stream: 1x2hr lecture and 1x1hr lecture and 1x1hr tutorial/wk for 10 weeks.for 10 weeks. Evening stream: 1x3hr seminar/wk for 13 weeks. Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5001 or LAWS1012) and (LAWS5002 or LAWS1015) Prohibitions: LAWS1017 Assessment: Daytime stream: Mid semester closed book exam 1.5 hours (40%), tutorial participation (10%) and final closed-book exam (60%). Evening stream: 45 min interim test (20%) and 2hr closed-book final exam (80%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit aims to develop the integrated study of the law of civil obligations and remedies. Liabilities in tort, contract and under statute frequently overlap in practice. Equitable principles also play an important role in providing remedies in a contractual context. This course builds on the introduction to tort law and contract law which students acquired in Torts and Contracts respectively. It will include the study of more advanced topics in both areas and consider related statutes such as the Australian Consumer Law. Core topics are:
(a) Causation and remoteness of damage principles in contract law and the calculation of damages for breach of contract;
(b) Vitiating factors and other factors affecting contracts, including: unfair or unconscionable dealing; unfair terms in contracts; mistake and misrepresentation; duress; and undue influence. This topic includes a study of equitable as well as common law principles and statutory rights and remedies (such as those under the Australian Consumer Law);
(c) Liability and remedies for misleading or deceptive conduct under statute (in particular, under s 18 of the Australian Consumer Law);
(d) Trespass to Land including damage by aircraft
(e) Nuisance;
(f) Intentional Interference with goods;
(g) Negligence Liability for property damage and pure economic loss in tort, including liability for negligent misstatement, liability for economic loss suffered by third parties rather than the primary victim, liability for defective construction;
(h) Proportionate liability where it applies to tort, contract and statutory liabilities.
Other topics may be studied to the extent class time allows. These topics may include: the intentional economic torts such as deceit; breach of statutory duty; illegality in contract.

Year 3

LAWS5010 Administrative Law

Credit points: 6 Teacher/Coordinator: Professor Mary Crock Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS2002 or LAWS2010 Assessment: 2000wd essay (30%) and 2hr open book final exam (70%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Administrative Law is the study of the relationships of individuals and organisations with government. This unit examines the legal principles which apply to those relationships with the aim of developing an understanding of how government is held accountable. The unit builds on topics studied in Public Law, including the constitutional underpinnings of administrative law, judicial review and open government. In the Administrative Law unit, the focus is on the grounds of judicial review and judicial remedies, the jurisdiction of the courts, the public/private distinction and merits review. The unit seeks to develop students' understanding of how the values of openness, rationality, fairness and participation in government decision-making are promoted through Administrative Law.
LAWS5011 Federal Constitutional Law

Credit points: 6 Teacher/Coordinator: Professor Anne Twomey Session: Semester 1 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5007 or LAWS1021 Prohibitions: LAWS1004 or LAWS2011 or LAWS3000 or LAWS3003 Assessment: Optional assignment (20%) and 2hr final open-book exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The main objective of the course is to impart an understanding of the fundamentals of federal constitutional law through the study of key judicial decisions on powers and prohibitions in the Commonwealth Constitution. The course is designed to provide a general conceptual framework for solving problems about federal constitutional law by a detailed treatment of selected topics.
The course also aims to:
- Provide analysis of the function of the High Court as the final arbiter of constitutionality.
- Develop an understanding of the techniques of judicial review as applied in Australia.
- Encourage discussion about the Constitution as Australia's basic instrument of government.
The topics covered in detail include: Trade and commerce, severance and reading down, inconsistency, external affairs, defence, corporations, freedom of interstate trade, general doctrines of characterisation and interpretation, grants, revenue powers, excise duties, intergovernmental immunities and constitutional rights.
The course may include some overseas material to provide points of comparison and contrast.
LAWS5013 Evidence

Credit points: 6 Teacher/Coordinator: Associate Professor Salim Farrar Session: Semester 2,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: (LAWS5000 or LAWS1006) and (LAWS5003 or LAWS1014) Prohibitions: LAWS2006 or LAWS2016 or LAWS3223 Assessment: compulsory 4 x blogs (of which 2 will be formally assessed) (20%), optional mid-term exam (20%), and 2hr final exam (60% or 80%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study aims to teach students the laws of evidence. The focus of this unit is on the operation of the laws of evidence in civil and criminal trials. The unit considers the laws of evidence contained in statute and the common law. Students will appreciate the significant law reform in this area. The unit considers the rules for adducing evidence, then the rules of admissibility (relevance, hearsay, opinion, tendency and coincidence, credibility, character, privilege and the discretions to exclude evidence). Finally, there will be consideration of issues relating to proof. This unit will focus on the uniform Evidence Acts 1995 and develop students' skills in the area of statutory interpretation. Further, the unit aims to introduce students to the contexts within which lawyers might encounter evidential issues in the course of a trial. Consideration is also given to the ethical problems that may arise in the conduct of a trial. Students are encouraged to think critically about the doctrines that govern the laws of evidence.
LAWS5014 Corporations Law

Credit points: 6 Teacher/Coordinator: Professor Graeme Cooper, Professor Michael Dirkis Session: Semester 2,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk fo 13 weeks (evening stream) Prohibitions: LAWS2003 or LAWS2014 Assessment: Compulsory interim exam (30%) and final 3hr open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
This unit of study examines the law affecting modern business corporations operating in Australia. It examines corporate law, the regulation of markets in corporate securities and the current Australian regulatory environment. Topics examined include corporate formation and the consequences of the company as an entity with its own personality, regulating the internal functioning of companies including the operation of the company's constitution and the role and duties of corporate directors to the company and its members, the rights and remedies available to shareholders to protect their investment, the authority of corporate officers and the responsibility of companies to outsiders for their actions, financing the company's operations through debt and equity, the external administration of companies in financial distress, winding up and deregistering companies, and regulating on-market and off-market transactions in corporate securities. We will evaluate current rules and doctrines, as well as proposals for their reform, in light of the economic and social policy considerations influencing their design and functioning.

Year 4

Students may substitute one compulsory unit with one Juris Doctor elective unit in each semester of their fourth year, deferring the compulsory unit(s) to their fifth year.
Students cannot enrol in more than two elective units in their fourth year.
LAWS5008 Intro to Property and Commercial Law

Credit points: 6 Teacher/Coordinator: Professor Sheelagh McCracken Session: Semester 1 Classes: 2x2-hr lectures/week (for 5 weeks) and 1x2-hr lecture and 1x2-hr tutorial/week (for 5 weeks) (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2007 or LAWS2012 Assessment: 1hr mid-term open-book exam (30%) and 2hr final open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Property law and commercial law are two key sources of rights and obligations in modern western law. This unit provides an introduction to both areas of law, and shows how they are inter-related. The unit is designed to offer an opportunity to consider the role they play in Australian society and to give a firm grounding in legal principle.
The unit focuses on notions of "property", providing an introduction to real property (including the doctrine of tenure and estates, native title and the doctrine of fixtures) and to personal property (including ownership and possessory interests arising in the context of commercial transactions such as sales and bailments as well as security interests under the Personal Property Securities Act 2009 (Cth)). The unit analyses the nature and classification of legal and equitable interests in both real and personal property, exploring the principles and formalities governing their creation, assignment and priority-ranking. Additionally, the unit enables the development of skills in interpreting statutes and in problem-solving.
Textbooks
Introduction to Property and Commercial Law compiled by Scott Grattan and Sheelagh McCracken, Thomson Reuters Australia, 2nd edition.
LAWS5009 The Legal Profession

Credit points: 6 Teacher/Coordinator: Professor Simon Rice Session: Semester 1,Summer Main Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1001 or LAWS2013 or LAWS3002 or LAWS3004 Assessment: 1500wd interim assessment (40%) amd final 3000wd assignment (60%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
The Legal Profession critically examines notions of legal professionalism and the regulation of legal services markets, legal practice and practitioners. Part 1 of The Legal Profession examines the nature of legal professionalism, the structure of the legal profession and the contours that shape legal services markets. Part 2 explores the regulation of the profession including historical challenges and diverse theoretical views and models of regulation are examined. The current regulatory regime in New South Wales is analysed in detail focusing on recent changes and the impact of a National Legal Profession. Part 3 explores specific forms of legal practice, highlights the major cultural and economic forces that challenge the parameters of legal professionalism and regulation of the profession. Alternative ways of organising legal practice and the legal services market are canvassed focusing in particular, on the impacts of modern technology and globalisation. Part 4 evaluates the lawyer-client relationship and suggests strategies to facilitate equality and effective communication in the delivery of legal services. Furthermore, it examines lawyers' duties to clients, the Court and third parties, and the ways in which the rules and principles of confidentiality and conflicts of interest shape the advice and representation lawyers provide to clients. This unit of study demands active participation by students and ongoing critical reflection of the issues raised throughout the semester.
LAWS5012 Real Property

Credit points: 6 Teacher/Coordinator: Dr Scott Grattan Session: Semester 2 Classes: 2x2hr lectures/wk for 5 weeks, and 1x2hr lectuer and 1x2hr tutorial/wk for 5 weeks(daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5008 or LAWS1012 Prohibitions: LAWS2007 or LAWS2017 Assessment: Compulsory 1hr interim exam (30%) and final 2hr open-book exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also).
This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages.
The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)
LAWS5015 Equity

Credit points: 6 Teacher/Coordinator: Professor Joellen Riley Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prerequisites: LAWS5000 Prohibitions: LAWS2004 or LAWS2015 Assumed knowledge: LAWS5008 Assessment: Optional interim exam (20%) and 2 1/2 hr final closed book exam (80% or 100%) Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
An appreciation of equitable principles and remedies is fundamental to understanding the legal system and the law of property, taxation and obligations. This unit of study explains the origins of the equitable jurisdiction and examines its role today. A substantial part of the unit is dedicated to study of the law of trusts, including remedial constructive trusts. Other topics include fiduciary obligations, breach of confidence, the doctrines of estoppel, and a study of the equitable remedies of the injunction, an account of profits and equitable compensation.

Years 5 and 6

LAWS5017 Private International Law A

Credit points: 6 Teacher/Coordinator: Ms Jeanne Huang Session: Semester 1,Semester 2 Classes: 2x2hr seminars/wk for 10 weeks (daytime stream), 1x3hr seminar/wk for 13 weeks (evening stream) Prohibitions: LAWS1018 or LAWS2005 or LAWS2018 Assessment: 2000wd optional assignment (20%) and 2hr final closed-book exam (80% or 100%). Mode of delivery: Normal (lecture/lab/tutorial) day, Normal (lecture/lab/tutorial) evening
Private international law (or conflict of laws) is the part of municipal law in every developed legal system which is concerned with legal issues which have a connection with a foreign legal system. In essence, private international law is concerned with the transnational dimension of private law as where, for example, proceedings are brought in New South Wales for a tort committed in Malaysia, or for breach of a contract to be performed in New York or against a defendant in the People's Republic of China.
This unit of study is a comprehensive general course which addresses the three persistent issues in private international law: jurisdiction; choice of law and the recognition and enforcement of foreign judgments. Particular topics include: (1) Scope of private international law (the concept of legal issues which have a connection with more than one legal system); (2) Personal jurisdiction (including the discretionary non-exercise of jurisdiction and anti-suit injunctions); (3) Substance and procedure (with particular reference to limitation of actions and damages); (4) Proof of foreign law; (5) Exclusionary doctrines (foreign revenue and penal laws, foreign governmental interests and foreign laws contrary to forum public policy); (6) Choice of law in contract; (7) Choice of law in tort; (8) Comparative choice of law in tort (with particular reference to the European Union, Canada and the United States of America); and (9) Recognition and enforcement of foreign judgments.